Supreme Court · 1988 INSC 121 · Decided 26 April 1988
SMT. Sudha Devi v. M.P. Narayanan & ORS.
- Court
- Supreme Court of India
- Citation
- 1988 INSC 121 · [1988] 3 S.C.R. 756
- Case number
- CIVIL APPEAL No. 4145/1986
- Decided
- 26 April 1988
- Bench
- A.P. SEN, L.M. SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act; Constitution Article 136
Headnote
Code of Civil Procedure, 1908: Order IX, Rule 13-Decree ex­ parte-Setting aside of-Held, even in absence of a defence Court not entitled to pass an ex-parte decree without reliable relevant evidence. Indian Evidence Act, 1872: SectiiJn 3-Affidavits can be used as 'evidence' only when ordered Article 136: Plaintiff in suit cannot be allowed to fill up lacuna in evidence at S.L.P. stage. The plaintiff-appellant filed a suit for ejectment of the tenant­ defendant No. 1 for default in payment of rent and also to have wrong- - fully sublet the flat to the second defendant. None of
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